United States v. Bailey

OPINION OF

THE COURT.

The defendant, a white man,- has been indicted for the murder of a white man in the state of Tennessee, and within the limits of the Indian country occupied by the Cherokees. A plea to the jurisdiction of the court has been filed, and it becomes the duty of the court to decide the question raised by the plea.

The indictment is found under the first section of the act of congress of 1817 which provides, that “if any Indian, or other person or persons, shall, within the United States, and within any town, district, or territory, belonging to any nation or nations, tribe or…